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2020 has been a difficult year for trademark owners and their
advisors. The pandemic has tested us all in profound and unexpected
ways. We also continue to be faced with unacceptably long
processing delays and waits for hearing dates in the Trademarks
office.
Despite these impediments, there have been several notable
decisions. Decisions have considered the status of official marks,
what is required to show use of a mark in section 45 proceeding,
standard of review in appeals under section 56, the onus in
expungement proceedings under section 57 and the impact of a
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While 2019 was historic in terms of the changes it brought to
Canadian trademark law, 2020 was unprecedented, bringing the world
together in a common quest to combat the COVID-19 pandemic. Yet,
despite considerable turmoil and disruption, Canadian trademark
practitioners remained resilient and active. Many of the amendments
to the Canadian
Trademarks Act, implemented in 2019,
received considerable attention and review by the Examination
Section of the Trademarks Office as well as the Opposition Board.
In addition, the Federal Court and Federal Court of Appeal provided
valuable guidance in several noteworthy decisions. The following